Statutory Issues Related to Investigations
Electronic Communications Privacy Act of 1986
18 USC Sec 2510 through 2521

- Protects privacy of wire, oral, and electronic communications
- Prohibits unauthorized interception and use or disclosure of intercepted communication

Congress enacted the Federal Wiretap Act as part of the Omnibus Crime Control and Safe Streets Act of 1968. It has since been amended many times, including by the Electronic Communications Privacy Act or ECPA. The Wiretap Act is codified 18 U.S.C. Sections 2510 through 2521. This law protects the privacy of wire, oral, and electronic communications. It generally prohibits the interception and use or disclosure of intercepted communications by ANY person unless the interception is conducted in accordance with an exception set out in the law. In its most simple sense, an interception is the capture of the content of a communication while it is in transit. This offense is most commonly charged when a hacker uses a sniffer program to capture passwords as they flow over the network. Note that the protections afforded by this statute are in addition to those already provided under the Fourth Amendment. We will examine this statute in more detail later because it provides some of the most significant limitations on government actions.
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